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This book moves from the circumstance whereby currently the
obligation to provide fair and equitable treatment (FET) to foreign
investments is included in the majority of international investment
agreements and has proved to be the most invoked standard in
investor-State arbitration. Hence, it is no overstatement to
describe this standard as the basic norm of international
investment law. Yet both its meaning and normative basis continue
to be shrouded in ambiguity and, as a consequence, to inspire a
considerable number of interpretations by legal writers. The book's
precise aim is to unravel such ambiguity, arguing from the idea
that FET has become part of the fabric of general international
law, but has done so by means of a source somewhat neglected in
legal doctrine. This being the category of general principles
peculiar to a certain field of international law, i.e. those
principles having their own foundations in the international legal
order itself, but which, through the mediation of the judge, end up
being shaped according to the features typical of a specific
normative field. The book, as well as having a solid theoretical
backdrop as its basis, offers a careful and critical analysis of
pertinent case law, and will prove useful to both scholars and
practitioners. Fulvio Maria Palombino is Professor of International
Law at the Law Department of the University of Naples Federico II
and a member of the Executive Board of the European Society of
International Law. Specific to this book: * Explains the ICSID
practice clearly and concisely * Useful in practical terms Excerpts
from a review: 'Fair and Equitable Treatment and the Fabric of
General Principles' is an original and well researched book, in
which the author challenges a number of conventional wisdoms on
FET.Among the strengths of the book one can mention the solid
discussion of public international law principles relevant to FET
and the interesting incursions into domestic law legal systems
which play an important role in the understanding of FET components
such as due process, legitimate expectations or proportionality. In
particular the section on promises provides a convincing analysis
of the issues that arise when the administration makes an assurance
or representation to an investor. Against the backdrop of the
examination of unilateral acts under public international law,
Palombino's analysis sheds new light on what ought to be the proper
scope of protection under the legitimate expectations doctrine in
case of governmental promises, clarifying a number of points which
have received insufficient attention by arbitral tribunals thus
far. - Michele Potesta, Attorney with Levy Kaufmann-Kohler, Geneva;
Senior Researcher, Geneva Center for International Dispute
Settlement (CIDS) book review in International and Comparative Law
Quarterly, (2018) 67(4), 1036-1037. For the full review, see:
https://doi.org/10.1017/S0020589318000246
This book makes a significant contribution to the comprehension of
the law and practice of provisional measures issued by
international courts and tribunals, including international
commercial arbitration. After having analyzed the common features
of provisional measures, it provides an overview of the
peculiarities of these orders within the context of different
international proceedings (e.g. the ICJ, the ITLOS, the CJEU, the
ICC, human rights courts and investment arbitration). In this
regard, the book is valuable in offering a broad and rigorous
comparative analysis between the various forms of provisional
measures. Owing to its original cross-cutting and case-driven
approach, the book will be an essential tool for both scholars and
practitioners dealing with the law of provisional measures in
international adjudication. Indeed, this book will be an important
novelty in international law libraries due to the broad range of
regimes scrutinized and to a detailedanalysis of the general trends
within the contemporary law of provisional measures. Fulvio Maria
Palombino is Professor of International Law in the Department of
Law at the University of Naples Federico II, Naples, Italy. Roberto
Virzo is Associate Professor of International Law in the Department
of Law, Economics, Management and Quantitative Methods (DEMM) at
the University of Sannio, Benevento, Italy. Giovanni Zarra is
Adjunct Professor of International Law in the Department of Law at
the University of Naples Federico II, Naples, Italy.
This book makes a significant contribution to the comprehension of
the law and practice of provisional measures issued by
international courts and tribunals, including international
commercial arbitration. After having analyzed the common features
of provisional measures, it provides an overview of the
peculiarities of these orders within the context of different
international proceedings (e.g. the ICJ, the ITLOS, the CJEU, the
ICC, human rights courts and investment arbitration). In this
regard, the book is valuable in offering a broad and rigorous
comparative analysis between the various forms of provisional
measures. Owing to its original cross-cutting and case-driven
approach, the book will be an essential tool for both scholars and
practitioners dealing with the law of provisional measures in
international adjudication. Indeed, this book will be an important
novelty in international law libraries due to the broad range of
regimes scrutinized and to a detailedanalysis of the general trends
within the contemporary law of provisional measures. Fulvio Maria
Palombino is Professor of International Law in the Department of
Law at the University of Naples Federico II, Naples, Italy. Roberto
Virzo is Associate Professor of International Law in the Department
of Law, Economics, Management and Quantitative Methods (DEMM) at
the University of Sannio, Benevento, Italy. Giovanni Zarra is
Adjunct Professor of International Law in the Department of Law at
the University of Naples Federico II, Naples, Italy.
It is a settled rule of international law that a State may not rely
on the provisions of its 'internal law' as justification for
failing to comply with international obligations. However, the
judiciaries of most countries, including those with a high record
of compliance with international norms, have increasingly felt the
need to preserve the area of fundamental principles, where the
State's inclination to retain full sovereignty seems to act as an
unbreakable 'counter-limit' to the limitations deriving from
international law. This volume explores this trend by adopting a
comparative perspective, addressing the question of how conflicts
between international law and national fundamental principles are
dealt with and resolved within a specific legal system. The
contributing authors identify common tendencies and fundamental
differences in the approaches and evaluate the implications of this
practice for the future of the principle of supremacy of
international law.
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